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Need to Know: September 2021

Employment - Office desk by window

In this latest edition of our ‘Need To Know’ employment and HR newsletter, we look at the recently announced Government consultation on flexible working; the update to the self-isolation rules and implications for employers, a recent case in the Employment Appeal Tribunal centred around capability dismissals, and much more.

We also have included our usual HR Bullets – which cover other significant employment law updates from the past month.

Below are some of our key articles:

HR Bullets

  • When disability means that a teacher is no longer able to teach, it is not a reasonable adjustment to protect pay permanently (Aleem v E-Act Academy)
  • A tribunal was right to conclude that a claimant was not disabled and the employer did not have knowledge of disability (Seccombe v Reed)
  • In certain circumstances, a dismissal can still be considered fair even if the employer has refused to hear an appeal (Moore v Phoenix Product Development Limited)
  • An employee who was made redundant by her employer during the pandemic was unfairly dismissed because her employer failed to consider furlough (Mhindurwa v Lovingangels Care Limited)
  • Where an employer requires an employee to undertake induction training as a condition of being assigned to a substantive job post, time spent doing that training will likely attract the national minimum wage (Opalkova v Acquire Care)
  • An employee was entitled to the level of income protection payments, as set out by his previous employer in an offer letter and summary of benefits, prior to a TUPE transfer (Amdocs Systems Group Ltd v Langton)
  • An employee was not unfairly dismissed because his employer chose to make him redundant rather than furloughing him for longer (Handley v Tatenhill Aviation)
  • The end date for the temporary adjusted right to work checks has been delayed until 5 April 2022 (Guidance, Coronavirus (COVID-19): right to work checks)

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